HomeMy WebLinkAboutA002 - Memo from City Manager to Council, Planning Staff offers presentation • t
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Memo
City Manager's Office
aring People
Quality Programs
Exceptional Service
TO: Mayor and Members of the Ames City Council
FROM: Steven L. Schainker, City Manager sm)
DATE: April 25, 2000
SUBJECT: Staff Presentation- SUBDIVISION OF LAND
It was obvious from our last City Council meeting that more discussion is needed regarding the topic of
platting. What is it? What is it used for? Why is it important? It appears that the City Council will be
approached more and more in the future with requests to waive the requirement for minor plats.
The Planning Director is prepared to offer a presentation regarding this important topic and review how
this tool is being applied in our city. An outline of his remarks is attached for your review. With this
information as background, I hope each of you will be better prepared to deal with this issue. It will be
worth your time!
STAFF REPORT
SUBDIVISION OF LAND
A. INTRODUCTION
There are two primary tools cities use to regulate the development of land to protect the
public. These are:
1. Zoning. Conceptually zoning answers the question what the land can be used for.
2. Subdivision. Conceptually subdivision regulations answer the question of how
land can be developed and used.
B. DEFINITIONS
1. Subdivision -is a process whereby parcels of land are divided for purposes of
sale and development.
2. Plat- is a graphic document illustrating how land is subdivided.
3. Legal Description -a description of real property commonly using one of three
techniques: government survey, metes and bounds, or lot numbers of a recorded
plat.
a.) Government Survey. (Congressional Survey) general mapping of
real property by federal government of towns, sections (one mile
square), and quarter sections(1/2 mile square) (see attached
diagram of the Government Land Survey);
b.) Metes and Bounds. A way of describing real property by listing
compass directions and distances of the boundaries almost always
connecting to a quarter section of a government survey (see
attached example of Metes and Bounds description);
c.) Lot(numbered as part of a recorded subdivision). A way of
describing real property by referencing lot numbers on recorded
maps and plats approved by the City (see attached copy of a Plat of
Subdivision);
1
d.) Plat of Survey. A way of describing real property by a graphical
representation of a survey of one or more parcels of land that is
recorded, but not approved by the City (see attached copy of a Plat
of Survey).
C. WHY IS SUBDIVISION OF LAND IMPORTANT?
1. As stated in the introduction of this report, when cities exercise the responsibility
of administering subdivision regulations,this responsibility provides the City with
the ability to determine how land is developed and ultimately made available for
building and sale of property.
2. CHAPTER 354 of Code of Iowa requires that cities exercise responsibility in the
approval of plats of subdivision for the following public purposes:
- Provide for clear and accurate legal description to prevent land
boundary disputes.
- Provide for a balance between individual land owner rights and the
economic, social, and environment concerns of the public.
- Provide for a state-wide procedure for platting while allowing
latitude to cities in enforcing local subdivision regulations.
- Encourage orderly community development.
D. WHAT WAS OUR SUBDIVSION PROCESS UNDER THE PREVIOUS
REGULATION?
1. City's authority limited to subdivision of land where three or more lots were
created.
2. Process involved four steps including:
pre-application conference
conceptual development plan
administrative plat
a final plat
3. The zoning regulations that the City administered with respect to development on
pieces and parts of platted lots (Hammer Amendment)that required a special use
permit from the Zoning Board of Adjustment was not the administration of
subdivision regulations. However, the Hammer Amendment was designed to
provide a means whereby building on lots that were divided without subdivision
approval could be regulated.
2
E. WHAT IS OUR SUBDIVISION PROCESS UNDER NEW REGULATION?
1. Provides for two separate and distinct processes of subdivision referred to as
Major and Minor Subdivisions.
2. The process for Major and Minor Subdivisions includes the following steps:
Sketch Plat(staff determines whether a Major or Minor Subdivision is
applicable.)
Major Subdivision
Preliminary Plat(staff, Planning & Zoning Commission, City
Council)
- Final Plat(staff, City Council)
Minor Subdivision
Final Plat(staff, City Council)
3. Advantages/Disadvantages Major and Minor Subdivisions
- Advantages of Minor Subdivision to City
- Enables the City to review subdivisions of property where
one or two lots are created.
- Advantages of Minor Subdivision to Land Owner
Provides for an abbreviated process that includes staff
review and City Council decision.
- Disadvantages of Minor Subdivision to City
Does add an additional body of work for both City staff and
City Council.
- Disadvantages of Minor Subdivision to Land Owner
Requires that all consent,property encumbrances, and tax
obligations be brought current as a requirement for the
approval of the plat, which represents a cost to the property
owner.
Advantages of Major Subdivision to City
Provides for a much more clearly defined and precise
review and decision making process.
3
Advantages of Major Subdivision to Land Owner
- _ Shortens the process by eliminating the administrative plat
process.
- Lessens the right-of-way requirement for local streets.
Provides for a much more clearly defined and precise
review and decision making process.
Disadvantages of Major Subdivision to City
- None apparent.
Disadvantages of Major Subdivision to Land Owner
Eliminates the ability to obtain two building permits prior
to approval of final plat.
4. Introduction of waiver process for minor plats under certain circumstances.
Relatively new provision added to the subdivision regulations to
address property owner concerns relative to the cost associated
with minor subdivision.
Waiver provision is designed to address parcels of property where
the existing description is determined to be clear and all other
requirements of the subdivision regulations are already satisfied.
Staff anticipated that this waiver provision could become
problematic and used excessively by property owners to overcome
the cost associated with minor subdivision.
F. WHY MINOR SUBDIVISIONS AND LEGAL DEFINITIONS ARE REQUIRED?
1. The intended purpose for minor subdivisions is to enable the City to scrutinize the
division of property even if only one or two lots are created.
Serves to protect purchasers of property from inadvertent
problems.
Enables the City to more completely monitor land division and
subsequent building construction for where only one or two lots
are created(easements, right-of-way needs, utility needs, etc.).
Creates the most clearly understood legal description that benefits
the property owner and involves City review of the creation of the
lots.
4
r
G. WHAT TYPE OF LEGAL DESCRIPTION IS PREFERRED?
1. Preferred Method of Obtaining Legal Description.
a. Lot(numbered as part of a recorded subdivision). A way of describing
real property by referencing lot numbers on recorded maps and plats
approved by the City.
Clarity for the property owner
- Monumentation by land surveyor
Scrutiny and approval by the City
2. Acceptable Level of Obtaining a Legal Description.
a. Plat of Survey.
Clarity for the property owner
Monumentation by land surveyor
Scrutiny by the City
H. SUGGESTED CHANGES.
This review of the purposes for the administration of subdivision regulations the City
Council may determine that there is a need to change the subdivision regulations to
provide for a Plat of Survey as a means to create a clear legal description where all other
provisions of the subdivision regulation have been adhered to, staff would support a
change that would provide for the use of Plats of Survey for this purpose and is seeking
direction from City Council to proceed with this amendment if that is what the Council
decides.
5
GDy e.Y n-rae-ri:� Land S Ly veal
Diaarc- rn
Square Square Square Square Acres Square
inches feet yards rods miles
1 0 . 0061944r4 0 . 000 771 6
144 1 0 . 111 111 1 0 .003 673 1
1296 9 1 0 . 033 057 9 0.000 206 6
39 , 204 272 . 25 30 .25 1 0 .006 , 250 0 0 .000 ,009 77
43 , 560 4 , 840 160 1 0 . 001 , 562 , 5
27 , 878 , 400 3 ,097 , 600 102, 400 640 1
SECTION 1 SO, MILE 640 ACRES
North Quarter Corner
4 furbngs40 chsiw160 rodr2.840 feet 2 furlongs 20 chains
36 31 32 33 34 35 36 31
1 6 5 4 3 2 1 611
Y
NW IA ACRES V�ACRES 12 7 8 9 10 11 12 7
4 160 ACRES
13 18 17 16 15 14 13 18
1. Center of 24 19120 21 22123124 19
Section East Quarter
west Quarter Corner Cornef MF36
30129128 2726 2 5 301
80 rods 1.320 fL
z furlongs 66o feet '°red. 31 3233 3435 36 31
20A 21.320 feet 20A o ZOA 40 ACRES40 ACRES 6 5 4 3 2 1 6
O se 20 chains
- G
_ �A SECTIONAL MAP OF A TOWNSI
— 80 rods 20 chains SE 1/4 80 rods
s 40rnd3 6A rA I/` 10 chains
WITH ADJOINING SECTION`
SA 10A c l0A
6A
660 feet rods 330 ft 1 furlong o 40 ACRES 1 40 ACRES iZ
South Quarter .2
10A 10A 10A 10A Corner
I furlong 10 chains 40 rod• 660 feet 1.320 feet 1 2 furlongs
1 mile-8 furlongs-80 chains-320 rods-6.280 feet
1 square chain = 16 square rods
= 4 , 356 square feet
1 acre is about 208 .71 feet square
1 township = 6 miles square = 36 square miles
1 square = 10 feet square = 100 square feet
(A-2)
M e.t e_ s p-r-L.d BoLLrLd s
[p IN a p E MY 1"l ID IE 6 c IR 0 IPT 0 0 IN]
BEGINNING AT THIS NORTHWEST CORNER OF LOT 4
IN BLOCK 49. FOURTH ADDITION TO AMES, IOWA:
THENCE SOUTH ALONG THE WEST LINE OF SAID
LOT 4 A DISTANCE OF 80 FEET; THENCE EAST
70 FEET; THENCE NORTH TO THE NORTH LINE OF
SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 4 TO THE POINT
OF BEGINNING. AND LOT 5 IN BLOCK 49, FOURTH
ADDITION TO AMES, IOWA, EXCEPT THE SOUTH
125 FEET THEREOF.
CA_Joy- 5LLbdivision, Nat
ff0']PE-1Road
4
1.02. . 7.27
N,A.....1, R11d
C4 0
' NAI
C4
15"02.31'
Lot 1 111 7-
R 200W
157.63-
a-4TW oar T-74.87-
It 1075'
Lot 5 41.90-
C"C"
-00'T 910 M 15000.
50 00'L 2 235.s2-
6.
�I------------
-14
roperty Line Curve Data
-------........................... Radius Chord Char-d 00 Bearing Delta W 170 169.71- N 45 ag`W 9(700
Drips-tsTmii
3,55
it A J*5-
ls._7
Lot 2 0
7 -24 3:g
4 "1
. v w
0
------ r�4'-3
...........
W'277 4.7!l.
-------------------
ix
L
Lot 4 g
0.4049
"J
=0=E 'U99
g-a 91
41.o.. M.,
------_.:-—----- STATE OF lUvvA
--"I--". : ss
-_�;.-Story County
Lot 3
z�
Entered f taxation this
L
1.,nf 7, — A-
All Asted'j-
AI
_EX unty Auditor'
7
.0
3a 0r 1 1-11.
20a R .1120.00'
I�431:4 L L
1.2-54'(1)
Lt
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-----------------
-- -------------------------- ------------------------------
All of the Southwest Quarter of the Southwest Quarter(SWI/4-
SWI/4 of Section 8: EXCEPT that port deeded I. the State of 10 a
by virtue of a Warranty Deed recorded in Book 103 at Page 529 in STORY COUNTY IOWA
the Office of the ReqPrder of Story County, Iowa;AND All of the ,
W t
es-half of the Northwest Quarter(WI/2-NWI/4) of Section 17, FILED FOR RECORD j5j
lying northerly of tho� part acquired by the State of Iowa for
l Highway No. by14e of a Warranty Deed recorded in Book 103
'is 476 '�
at P. h the Office of
,he Recorder of Story County, Iowa; 04 NOVO 8 1994 PW
All in T83N - R24W of the 51h P.M.. Story County, Iowa; more A 41.1376 Acres L/
particularly described as follows:
'Beginning at the Northeast (NE) corner of the Southwest ZONING R-3
,Quarter of the Southwest Quarter (SW1/4-SWI/4) of Section 8 -
T83N - R2 the 51h P.M., in the City of Ames, Story County,
e c:W of
Iowa; thence S 00' 09' 31" W. 1,318.84 feet along the east line Pa=dng Fw
of the SWI/4-SW1/4 of said Section 8; thence S OCr 27' 46' E.
350.84 feet along the east line of the WI/2-NW1/4 of Section 17,
(to a point 125 feet radially distant northeasterly from the AU*ft FN•
centerline of Relocated Primary Road No. U.S. 30): thence
Northwesterly, with saidcenterline and along a 3.695 -v 0.1.
foot Brodi s ve, concave northeasterly,
an on, distance of 9
502 feet (the long chord beors N 73* 15* 07' W, 502.31 feet)
(to. Point ant northeasterly from 1he
centerline al
f 25 feet radially distant Station 1533+01.73); thence N 68' 21* 01 W, 196.73 North
test (to . point 125 feet radially distant,northeasterly from the
centerline at Station 153 1+01,73): thence N 67 51' 1 6" W,
396.89 SCALE: 1' 100'
�z (to a point on the north line of the WI/2-NWI/4 .hich is 125
normally distant northeasterly from the centerline of 15
Relocated Primary Road No. U.S. 30); thence N 67 .., 35w W,
175.67 feet (to . point '30 feel normally distant easterly from
the centerline of Secondary Read R-38 at Station 2067+95): thence 8 1/2' 14'
N 00' 06- 26- W, 305.00 feet (to a point 130 feet normally (Reduces to Approx. 1' 282
distant easterly from said centerline at Station 2071+00); thence Red—,to I' -20(r)I Z'.W
N 03. 1 31 23. W, 9,9.86 feet (to a point 80 feet normally distant
easterly from the centerline and on the southerly 33 foot right-
of--way of Mortensen Road): thence N OV 06' 26" W, 33.01 f=1 ('ll NOTE,
. point on the north tine of the SW1/4-SWI/4 which is 80 1
normally distant easterly rom the
centerline of Secondary Rood
R-38); thence S 89' 03' 30" E, 1.24'1.27 feet along the north
fine of the SWl/4-SWI/4 to the Point of Beginning.
PROPRIETORS,
Let I-M—.111 11.1 LImi1.4—in.rahip
CERTIFICATION: Let,2-5-E—tt W.&M.1jell.L.—1.
I hereby certify that this plot is in accordance with a
survey, made by me or under my direct personal supervision. in
OCTOBER' 1994; at the request
of Everett W. Cochrane & Marjorie
L. Cochrane
AND Mortensen 11. a Limited Partnership, 207 Stanton
Avenue,Ames, Iowa 50014; and that it is'a true and correct
representation of the lands surveyed, and that permanent control FINAL PLAT
monuments. with 0 surveyor's marker, have been established at
each controlling corner of the parcels as subdivided; and that I COCHRANE'S SECOND ADDITION
am a duty Registered Land Surveyor under the Lows of the State
of Iowa. M1111111 to
Ames, Iowa
KENNETH D."-w'.
JANSSEN
4 8136
136--
if
Kenneth Janssen �' LS. *R.g'.t,.", R... 123 -95
�
111110 I ENGINEERING PLU�,,i��,
EP-file #92018 October. 1994 SWI/4-SW1/4-",.-cUoh NW1/4-NWI/4-Section 17 83-24
03/06/98 FRI 14:43 FAX 515 382 7326 STORY CO ASSESSOR AMES CITY Z 012
03/06/88 09:22 FAX 515 233 4403
,. STLTM$O & ASSOC'S
Q 002
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TUMB AND ASSOCIATES LAND SURVEYING, INC_ P, 0_ BOX 166d AMES, IOWA 5OOID 515-233-3689
PLAT OF ' SURVEY
Cn
°t-eQ La NE CORNER
LOT 13. 9LOCK 4,
Zft KINGSBURY'S ADD.
112" REBAR w/ W AMES, IOWA
} I _
SB9 08'21"+E' / YELLOW CAP _j i/2" REBAR w
3 .00'--? /r #6586 SET (TYP_) Q YELLOW CAP /
_ r *6506 SET
CJ sag '08'21"E 27a_8g'
CORNER o
cU co LOT 14. BLOCK d, I
cvLo KINGSBURY'S nOD_
cn
�I m AWES, IDWn a ��
X' IN CONCRETE "�
r -
U, o SET PARCEL ' B ' ��� , o
cv m i 0.54 ACRES f o m >n o
WU �_ h.f'._fnITH ffdr_ =i. I'. . J N'r_ _-nLID_TIUN._ niar•r. Ir3w.�
s r 2�3 7 1vH7Pd r_IF �01 Nh 1 '-. :�1/• :;FC. 11 L� �,j
LLJ
N90-00'00"Ytr
- + PARCEL ' C ` 0.03 ACRES
IL REBAR SB9'oe'23"E 274.78' -
LL W/ CAP %8136'7 I
FOUND
w/ CAP #6586= u�
FOUND 1.0 FEET
,i it WEST. _
i.
Q'^� ♦ 1/2" REBAR
W J�
w/ CAP #8136
I FOUNEI
I
PROPRIETOR:
TED 6 DAWN SAGE REVOCABLE TRUST
TED A- SAGE C DAWN D. SAGE-TRUSTEES
I SURVEY REQUESTED BY: I
❑AYTON HUDSON CORPORATION 6
LAWRENCE A. CATES 6 ASSOC_. INC_
C/o LAWRENCE A. CATES
GRAPHIC SCALE
0 50 100 150
S T�
Cer ifi`-ation: I nereby certify that tnis land surveying 0Q� �'SGEfYSF��BO
docLAment uaS prepared and the related survey work was Per-formedby me a�- under my direct personal supervision and that I am a O L
duly licensed Land Surveyor under the laws of the State of Iowa_ LZ' p
6586
Robert Stumbo. Jr. Date-,My licej�se License 6586
renewal date is December, 31, 1998 Q
! < .SOW A O
Job i 3315195P1 Date: 3t6/9S -4
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